Definition
Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services and Provisions: Atoll Divers provides Clients with:
Content: All elements constituting the information present on the Site, in particular texts – images – videos.
Customer information: Hereinafter referred to as “Information(s)” which correspond to all personal data likely to be held by Atoll Divers for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to, using the aforementioned site.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
1. Presentation of the website
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the Atoll Divers website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SARL Atoll Divers – Coral Strand Rd, Beau Vallon, Seychelles
Publication manager: Arthur Anglade – info@divingseychelles.com
The publication manager is a natural person or a legal entity.
Webmaster : MA PETITE COM’ – bonjour@mapetitecom.fr
Hosting company : O2switch – Chemin des Pardiaux, 63000 Clermont-Ferrand 04 44 44 60 40
Data Protection Officer : Arthur Anglade –info@divingseychelles.com
2. General conditions of use of the site and the services offered
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
Use of the Atoll Divers site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the Atoll Divers site are therefore invited to consult them regularly.
This website is normally accessible to users at any time. An interruption for technical maintenance reasons may however be decided by Atoll Divers, which will then endeavor to communicate to users in advance the dates and times of the intervention. The Atoll Divers website is updated regularly. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to be aware of them.
3. Description of the services provided
The purpose of the Atoll Divers website is to provide information about all the company’s activities.
Atoll Divers strives to provide information on the site https://divingseychelles.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in updating, whether caused by itself or by third-party partners who provide it with this information.
All information provided on the Atoll Divers website is given for information purposes only and is subject to change. Furthermore, the information on the Atoll Divers website is not exhaustive. It is given subject to changes having been made since it was put online.
4. Contractual limitations on technical data
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with a latest generation browser updated
The Atoll Divers site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructures, failure of its infrastructures or if the Services generate traffic deemed abnormal.
Atoll Divers and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
Atoll Divers is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorization of: Atoll Divers.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability
Atoll Divers acts as publisher of the site. Atoll Divers is responsible for the quality and veracity of the Content it publishes.
Atoll Divers cannot be held responsible for direct or indirect damage caused to the user’s equipment when accessing the website https://divingseychelles.com, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Atoll Divers cannot be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the site https://divingseychelles.com. Interactive spaces (possibility of asking questions in the contact area) are available to users. Atoll Divers reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Atoll Divers also reserves the right to bring the user’s civil and/or criminal liability into question, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photography, etc.).
7. Management of personal data
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For Personal Data collected as part of the creation of the User’s personal account and their browsing on the Site, the person responsible for processing Personal Data is: Atoll Divers. Atoll Divers is represented by Arthur Anglade, its legal representative.
As the person responsible for processing the data it collects, Atoll Divers undertakes to comply with the framework of the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing that is in line with reality. Whenever Atoll Divers processes Personal Data, Atoll Divers takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Atoll Divers processes them.
7.2 Purpose of the data collected
Atoll Divers may process all or part of the data:
- to enable navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data for the Site, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://divingseychelles.com: email address
- to conduct communication campaigns (SMS, email): phone number, email address
Atoll Divers does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Atoll Divers Users have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of User data right to block or erase User personal data (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or conservation is prohibited right to withdraw consent at any time (article 13-2c GDPR)
- right to limit the processing of User data (article 18 GDPR)
- right to object to the processing of User data (article 21 GDPR)
- right to the portability of data that Users have provided, when these data are subject to automated processing based on on their consent or on a contract (article 20 GDPR)
- right to define the fate of Users’ data after their death and to choose to whom https://divingseychelles.com must communicate (or not) their data to a third party that they have previously designated
As soon as Atoll Divers becomes aware of the death of a User and in the absence of instructions from them, Atoll Divers undertakes to destroy their data, unless their conservation proves necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how Atoll Divers uses his Personal Data, request to rectify them or oppose their processing, the User can contact Atoll Divers in writing at the following address:
Atoll Divers- DPO, Arthur Anglade
Coral Strand Rd, Beau Vallon, Seychelles
In this case, the User must indicate the Personal Data that he would like Atoll Divers to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on Atoll Divers by law, in particular with regard to the retention or archiving of documents. Finally, Atoll Divers Users can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
Atoll Divers shall not process, host or transfer the Information collected on its Customers to a country located outside the European Union or recognized as “inadequate” by the European Commission without first informing the customer. However, Atoll Divers remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
Atoll Divers undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of Atoll Divers, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Atoll Divers does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of Atoll Divers and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of Atoll Divers Users are mainly the agents of our customer service.
8. Incident Notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all issues relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the Atoll Divers site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the acquisition of Atoll Divers and its rights would allow the transmission of said information to the potential purchaser who would in turn be bound by the same obligation to retain and modify the data with respect to the user of the site https://divingseychelles.com.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, Atoll Divers uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, Atoll Divers takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, “cookies” and internet tags
The site https://divingseychelles.com contains a certain number of hypertext links to other sites, set up with the authorization of Atoll Divers. However, Atoll Divers does not have the possibility to verify the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
Unless you decide to deactivate cookies, you accept that the site can use them. You can deactivate these cookies at any time and free of charge from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
9.1.
COOKIES
A “cookie” is a small information file sent to the User’s browser and saved on the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet access provider, the User’s operating system, and the date and time of access. Cookies do not in any way risk damaging the User’s terminal.
Atoll Divers may process the User’s information concerning their visit to the Site, such as the pages viewed and searches performed. This information allows Atoll Divers to improve the content of the Site and the User’s navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser to allow him to decide whether or not he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or rejection of Cookies is offered to him punctually, before a Cookie is likely to be saved in his terminal. Atoll Divers informs the User that, in this case, the functionalities of his browser software may not all be available.
If the User refuses the recording of Cookies in his terminal or browser, or if the User deletes those that are saved there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when Atoll Divers or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, Atoll Divers declines all responsibility for the consequences related to the degraded functioning of the Site and the services potentially offered by Atoll Divers, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Atoll Divers to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to know how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. Atoll Divers may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Atoll Divers Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Atoll Divers Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing to browse the Atoll Divers Website or mobile application. At any time, the User may nevertheless withdraw their consent to Atoll Divers depositing this type of cookie.
9.2.
BALISES (TAGS) INTERNET
Atoll Divers may occasionally use Internet tags (also called “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows Atoll Divers to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User’s use of this Site.
The external service provider may possibly collect information about visitors to the Site and other Internet sites using these tags, compile reports on the activity of the Site for Atoll Divers, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and attribution of jurisdiction
Any dispute relating to the use of the Atoll Divers website is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of the Commercial Court Registry.